Applying for Interim Approval

X Applying for Final Approval
The Wisconsin lead certification program commits to submitting the required

Summary on Progress and Performance to EPA on a schedule provided by EPA.
Percentage of

Position FTE’s PRE/RRP Work Activities total time on

PRE/RRP

Environmental Health 4, plus 1 Compliance assistance, complaint and 33%

Specialists Field Inspectors proposed enforcement investigations, inspections and

monitoring, training and outreach

Environmental Health I Lead traimng accreditation reviews and 33%

Specialist

— Training Auditor audits, compliance assistance and training

enforcement investigations, conducting

training and outreach

Environmental Health 1 Certifications coordinator, application and 20%Specialist -Certification notification reviews and monitoring, database

Coordinator management, enforcement investigations

Regulatory Specialist

— 1 Coordination, tracking and processing of 20%

Enforcement Coordinator enforcement actions, assignment of

complaint investigations, coordination ofenforcement team meetings, enforcement

data management

Program Supervisor I Supervision of lead training, certification and 33%

enforcement program, grant management,

rules and program development.

Total 9 FTE’s Total FTE’s Devoted to PRE/RRP 2.71 FTE’s

Enforcement_Activities

In addition to staff, PRE/RRP program enforcement resources include:

Asbestos

& Lead Program Enforcement Policy Manual (attached) is up to date and provides

appropriate policies and procedures for managing and assuring effective enforcement actions.

• XRF machine, personal protective clothing and equipment, and sampling supplies.

2 assigned vehicles and access to other state vehicles assure the ability to conduct regular worksite

inspections, course audits, and complaint responses, as needed.

• Access to the state of Wisconsin Occupational Health Laboratory for testing and analysis of

samples for lead content.

The Wisconsin Asbestos and Lead Database Online (WALDO) that provides fully integrated data

management for all aspects of the lead program, including individual and company certifications,

individuals’ training histories and photographs, course accreditations, instructor approvals,

notifications, site inspections, complaints and tips, and enforcement actions and outcomes.

Detailed comment capability is also integrated into the database so that inspectors and others may

insert inspection and investigation results and observations and any other information relevant to acertification, accreditation, or work practice issue.

The enforcement program is supported by the annual EPA lead grant and will collect certificationfees from companies and individuals under the RRP program. These fees will also directly

support the PREJRRP program. See attached program revenue projection sheet.
oval - Standards, Regulations, and Authority(’745.327(b)(2) and (3))

Analysis Comment Authority to enter Applicant Citation

Reference:

ust be able to enter premises or s. 254.30 (1), Wis. Stats., As protective See Program

ged in training for renovations and s. 250.04, Wis. Stats., and Elements, Table P at

ng renovations conduct business, as .OHS 163.30 (3), Wis. 745.327(b)(2) for 

es where renovation violations may Adni. Code additional comments

ust have authority to take samples and s. 250.04, Wis. Stats., and As protective See Program

Elements, Table P 

he renovations inspection process. s. OHS 163.30 (3) (b), at 745.32 7(b)(2)(iii) Wis. Adm. Code

Flexible remedies Applicant Citation

Reference:

ofNoncompliance, Notices of s. OHS 163.32, Wis. Adm. As protective See Program

Elements, Table P 

nt: Code

at 745.32 7(b)(3)(i)

5. OHS 163.32 (1) —

(6)’ As protective See Program 

ons, including penalty authority (e.g., Wis. Adm. Code Elements, Table I) 

n suspension, revocation, or

at 745.327(b)(3)(ii) 

l sanctions or other criminal authority s. 254.30 (1) (b) and (2) As protective See Program

Elements, Table P 

bal laws, as applicable. (b), Wis. Stats.,

at 745.32 7(b)(‘3ffiii,)

s. OHS 163.30 (4) and

163.32 (6) Note

r Tribe should attach all policies and/or procedures that as such represent the State or Tribe’s enforcement

cies should establish a prioritization scheme for determining severity of violations and procedures for

actions to such violations.
Also see the course agenda and curriculum for the Department’s GeneralInvestigative Studies course for inspectors attached in Appendix B. All

program personnel with enforcement duties (Environmental Health Specialists,

Regulatory Specialists, and Public Health Educator) take this 3-day course.
conducting statewide public meetings that covered both changes to the

Department’s asbestos rule and information on the upcoming EPA/State RRP

regulations. Six meetings were held around the state attended by nearly 1,000

people. Over 600 of those aftending were general renovation contractors andtrades, not certified asbestos or lead contractors. Since then, program staff has

presented at many conferences and association meetings, including the statewide

apartment owners association meeting, statewide building inspectors conference,

and the statewide Environmental Health/Look Out for Lead conference.

See Appendix C for a complete list of outreach presentations already conducted

or planned for 2009.

Plans are in place to continue outreach efforts, including informational mailingsor emailings to persons already certified as lead abatement supervisors and

workers (about 725), persons certified as lead-safe workers (about 600), persons

trained as lead-safe workers but not certified (about 4,500), and persons licensed

by the Department of Commerce as Dwelling Contractors, Plumbers,

Electricians, HVAC or other trades affected by the rule (12,000+).

Articles are being developed to go into various organizational newsletters,including the Children’s Health Alliance of Wisconsin (CHAW), various local and

statewide apartment associations, and the Wisconsin Builder’s Association and

local NARI chapters. The first is set to go into the October newsletter of CHAW.

Plans are also underway to conduct a second round of statewide informational

meetings in early 2010 to explain the regulations and do question & answer

sessions. An earlier round of public meetings held in March and April of 2009

brought in nearly 1,000 people at 6 locations to learn about the upcoming RRP

regulations.
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. The lead program uses the

State Laboratory of Hygiene, Occupational Health Laboratory for testing itsenvironmental samples. The program follows its Quality Management Plan (QMP)developed by the department and approved by EPA Region 5 on October 6, 2005.

Detailed information on the state laboratory’s program is available in the QMP on filewith EPA Region 5. (QMP approval letter attached in Appendix D)

Per the QMP and the Asbestos and Lead Program Enforcement Policy Manual, staff uses

documented protocols to perform all sampling activities. These may include:

Documented methodologies are required and are defined in Chapter HFS 163

as “written protocols, standards or methods that are generally used and

accepted for conducting regulated activities.”

For dust-wipe sampling, program staff uses: 1995 HUD Guidelines for theEvaluation and Control for Lead-Based Paint Hazards in Housing (Ch. 5,

“Risk Assessment,” Ch. 15, “Clearance,” and App. 13.1 “Wipe Sampling forSettled Lead-Contaminated Dust.”

For paint chip sampling: 1995 HUD Guidelines for the Evaluation andControl for Lead-Based Paint Hazards in Housing, App. 13.2, “Paint Chip

Sampling.”For soil sampling: 1995 HUD Guidelines for the Evaluation and Control for

Lead-Based Paint Hazards in Housing, App. 13.3, “Soil Sampling Protocol for

Housing.”Other acceptable documented methods are described in:

EPA Guidance on Residential Lead-Based Paint Hazards in Housing

• EPA Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust

and Lead-Contaminated Soil

EPA Residential Sampling for Lead: Protocols for Dust and Soil Sampling

(EPA report number 7474-R-95-OO1, March 1995)

WI Childhood Lead Poisoning Prevention and Control Handbook

Enforcement personnel maintain their Lead Risk Assessor certifications and maintaintheir sampling skills. The program owns and maintains an XRF machine, Niton XL-309,

for use in identifying lead-based painted surfaces and has and maintains XRF licensing

with the state. The program follows the manufacturer’s use instructions, including leak

testing and source replacement. The program maintains the necessary supplies toconduct dust-wipe and soil sampling and uses the state’s Occupational Health

Laboratory (WOfllj in the State Laboratory of Hygiene, which is NLLAP-accredited

and follows its own quality assurance program as described in the QMP documents.
Program staff is trained to take tips and complaints. The program accepts tips and

complaints, and documents and tracks them through its enforcement program using theWisconsin Asbestos and Lead Database Online (WALDO). The enforcement coordinator

ensures that an inspection officer is assigned to investigate. Complaints are followed-up

as necessary to determine if there is sufficient evidence of a violation to proceed with a

case investigation or referral to another agency. Investigations are pursued when

evidence points to possible violations of DHS 163. The investigating officer enters

outcome into WALDO, whether enforcement action is pursued or no violation was found.

In addition, the program has excellent relationships and works on potential enforcement

cases with other state agencies, such as the Department of Natural Resources,

Department of Commerce and Department of Children and Families; with local health

departments including the Milwaukee Health Department; and with federal agencies,

including OSHA, that have jurisdiction in Wisconsin. If a case appears to involvepossible violations of regulations not enforced by the Department, program staff will

contact other agency or agencies to share information. In many cases, contact is madeearly on and

a joint inspection/investigation is conducted if the case looks as if a multi

agency response is appropriate.
Inspections are targeted for two purposes:

1. To monitor the performance of a person who has a history of compliance issues with

this or another agency, and

2. To monitor the performance of a particular aspect of the regulation, such as reporting

requirements, notification requirements or sampling requirements.

For the first type of targeting, an individual contractor or person will be closely

monitored for ongoing compliance. This usually means that attempts are made toconduct onsite inspections at most or all regulated projects the person conducts and to

provide regular feedback on both good and bad performance observed. Enforcement

actions are taken whenever warranted by the evidence.

The second type of targeting is used to determine if the industry as a whole is

experiencing compliance problems and where those areas are. With this type of

targeting, the target is the activity or output expected and not with the individual

contractor performing it or expected to produce it. In this type of monitoring, the

program may decide to review clearance reports for information about how clearanceactivities are conducted and may look at the types of projects cleared, whether there is

written documentation that a final visual inspection was completed, the number of dust

wipe samples taken, etc. to determine if there are system-wide problems exposed, such as

a majority of clearance reports failing to document a visual inspection outcome. This

type of targeting is used to provide feedback to training providers and directly to theregulated industry in an attempt to improve performance overall.

The first method is heavy on field work and getting out on job sites to inspect work

practices and certification compliance. The second method is heavier on paper review

and auditing reports that have been requested by letter or telephone. While individual

feedback is provided, it is the aggregate information on compliance that is the real

purpose of this type of targeted review.

The department has used and plans to use both methods of targeted inspections in an

attempt to improve compliance by both individuals and by the industry as a whole.
13

15.

After each onsite inspection, the inspector records all observations not already documented, prepares any samples for delivery to the state laboratory, and saves and labels any photos taken, enters the inspection report, including all site observations and statements taken, into WALDO (the database) and also enters whether and what types of potential violations were observed. Information is

then shared with the enforcement coordinator who also starts

a WALDO

enforcement action entry and begins tracking the case. The WALDO data entries

become the inspection report along with any other documentation such as lab

results or photographs.

The Enforcement Team meets bi-weekly to review all new and other open cases, where eacb inspector shares their cases and the team makes decisions about

proceeding with an action, including determining what level and type of action to take. The team and the EC use the program’s Enforcement Policy Manual to assist in determining appropriate enforcement actions. Depending on the case, it will either go to the inspector or the enforcement coordinator (EC) for follow-up investigation or directly to the EC for development of

a written Notice of Non

compliance. The EC tracks all cases from opening to close-out so that none are

left dormant and brings an updated list of all cases to each Enforcement Team

meeting for review. The program has found that having one person responsible for tracking all enforcement cases generated by the work unit has resulted in

better management of cases overall and helps ensure timely processing and better recordkeeping.

Inspection and enforcement activities are reported regularly to EPA Region 5 as part of lead grant reporting and lead program quarterly reports.
As documented in earlier sections of this application document:

• The state lead program has the ability to conduct investigation activities, including

the authority to enter and to take samples or conduct testing to determine

compliance.

• The Wisconsin lead program has the enforcement authority under statute and rule

necessary to administer its PRE and RRI’ programs in lieu of EPA.

It also has established enforcement policies and procedures in place to administer an

effective program.

• The program has the technology and technical ability to administer an effective and

efficient enforcement program for PRE and RRP.

Enforcement staff uses documented methodologies for the sampling staff conducts.

The program uses an accredited lab, the State Laboratory of Hygiene, Occupational

Health Laboratory, for analysis of environmental samples, including dust, paint and

soil.

The program has the ability to track and respond to tips and complaints and to

target inspections to ensnre and improve compliance of individuals and the industry.

The program has an enforcement system in place that utilizes field inspectors, an

enforcement coordinator and regular enforcement team meetings to ensure timely

review and accurate tracking of all enforcement cases.

The program has flexible remedies for taking enforcement actions for non

compliance and the ability to ensure correction of violations.

• Ch. 254, Wis. Stats., provides for either civil or criminal actions for violations of the

statute or rules written under the statute.

The lead program has in place a program for compliance assistance.

The program has effectively administered an EPA-approved lead accreditation,

certification and enforcement program under 402/404(g) since 1999.

• The program has an EPA-approved Quality Management Plan, last approved in

2005.

The Wisconsin lead program has a proven track record of effective and efficient

enforcement of its regulations as evidenced by its detailed annual reports to EPA

Region 5. See Appendix

E for a sample annual report.

Appendix B — DHS General Investigation Skills Course Curriculum

Appendix C — RRP Outreach Log

Appendix D — EPA Quality Management Plan Approval LetterAppendix E — End of Year Report to the EPA Region 5 Administrator for FFY 08